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I Have Full Custody but May Be Going to Jail - What is Going to Happen

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  • 07-01-2013, 03:05 PM
    llworking
    Re: I Have Full Custody but May Be Going to Jail What is Going to Happen
    Quote:

    Quoting flyingron
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    Actually what happens, absent placing the child in some sort of reasonable custodial care on your own, the DHS will take the child until they find placement (which may be with the other spouse if they are suitable).

    No, that's not true. CPS/DHS does not get involved with the children unless there is a reason for them to get involved...more than just one of the parents going to jail.
  • 07-01-2013, 03:48 PM
    flyingron
    Re: I Have Full Custody but May Be Going to Jail What is Going to Happen
    The reason is that the child is in custody of someone who is about to be incarcerated. They have no CHOICE but to do so. You think the kid is going to sit on the judge's bench eating an ice cream cone while they figure out if there is another person who might be able to care for the kid. WORK OUT THE CUSTODY FIRST if you think you're likely to get jailed.
  • 07-01-2013, 04:48 PM
    llworking
    Re: I Have Full Custody but May Be Going to Jail What is Going to Happen
    Quote:

    Quoting flyingron
    View Post
    The reason is that the child is in custody of someone who is about to be incarcerated. They have no CHOICE but to do so. You think the kid is going to sit on the judge's bench eating an ice cream cone while they figure out if there is another person who might be able to care for the kid. WORK OUT THE CUSTODY FIRST if you think you're likely to get jailed.

    Yes, if there is no one immediately present to take charge of the child the courts will get CPS/DHS involved...or if the child was present when dad got arrested the police would get CPS/DHS involved with the child. There are quite a few scenarios where CPS/DHS would end up involved with the child. However, its not automatic that an incarceration only will get CPS/DHS involved, particularly when there is another parent with legal custody.

    Hopefully dad will be smart enough to leave the child with a babysitter at grandma and grandpa's house during his trial.
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